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The National Security Guard Act, 1986

[Act No. 47 of 1986]

[22nd September, 1986..]

Sections Particulars
Title The National Security Guard Act
Chapter I Preliminary
1. Short title and commencement
2. Definitions
3. Persons subject to this Act
Chapter II Constitution of The Security Guard and Conditions or Servce of The Members of The Security Guard
4. Constitution of the Security Guard
5. Control, direction, etc
6. Liability for service outside India
7. Resignation and withdrawal from the post
8. Tenure of service under the Act
9. Termination of service by Central Government
10. Dismissal, removal or reduction by the Director-General and by other officers
11. Certificate of termination of service
12. Restrictions respecting right to form associations, freedom of speech, etc
13. Remedy of aggrieved persons other than officers
14. Remedy of aggrieved officers
Chapter III Offences
15. Offences in relation to the terrorists and other persons in arms against the Union and punishable with death
16. Offences punishable more severely on active duty than at other times
17. Mutiny
18. Desertion and aiding desertion
19. Absence without leave
20. Striking or threatening superior officer
21. Disobedience to superior officer
22. Assault and obstruction
23. Certain forms of disgraceful conduct
24. Ill-treating a subordinate
25. Drunkenness
26. Permitting escape of person in custody
27. Irregularity in connection with arrest or confinement
28. Escape from custody
29. Offences in respect of property
30. Extortion and exaction
31. Making away with equipment
32. Injury to property
33. False accusations
34. Falsifying official documents and false declarations
35. False declaration on appointment
36. Offences relating to Security Guard Court
37. False evidence
38. Unlawful detention of pay
39. Unbecoming conduct
40. Violation of good order and discipline
41. Miscellaneous offences
42. Attempt
43. Abetment of offences that have been committed
44. Abetment of offences that have not been committed
45. Civil offences
46. Civil offences not triable by a Security Guard Court
Chapter IV Punishments
47. Punishments awardable by Security Guard Courts
48. Alternative punishments awardable by Security Guard Courts
49. Combination of punishments
50. Punishments otherwise than by Security Guard Courts
51. Minor punishments
52. Limit of punishments under section 51
53. Punishment of officers of or below the rank of Squadron Commanders by officers not below the rank of Inspectors-General
54. Punishment of persons of the rank of Assistant Commander
Chapter V Arrest and Proceedings Before Trial
55. Custody of offenders
56. Duty of Commander in regard to detention
57. Interval between committal and trial
58. Arrest by civil authorities
59 Capture of deserters
60. Inquiry into absence without leave
Chapter VI Security Guard Courts
61. Kinds of security Guard Courts
62. Power to convene General Security Guard Court
63. Power to convene a Petty Security Guard Court
64. Contents of warrants issued under sections 62 and 63
65. Composition of General Security Guard Court
66. Composition of a Petty Security Guard Court
67. Summary Security Guard Court
68. Dissolution of a Security Guard Court
69. Powers of a General Security Guard Court
70. Powers of a Petty Security Guard Court
71. Powers of a Summary Security Guard Court
72. Prohibition of second trial
73. Period of limitation for trial
74. Trial, etc., of offender who ceases to be subject to this Act
75. Application of Act during term of sentence
76. Place of trial
77. Choice between Criminal Court and Security Guard Court
78. Power of criminal court to require delivery of offender
Chapter VII Procedure of Security Guard Courts
79. Presiding officer
80. Judge Attorneys, etc
81. Challenges
82. Oaths of members, Judge Attorney and witness
83. Voting by members
84. General rule as to evidence
85. Judicial notice
86. Summoning witnesses
87. Documents exempted from production
88. Commissions for examination of witnesses
89. Examination of witness on commission
90. Conviction of offence not charged
91. Presumption as to signatures
92. Appointment paper
93. Presumption as to certain documents
94. Reference by accused to Government officer
95. Evidence of previous convictions and general character
96. Lunacy of accused
97. Subsequent fitness of lunatic accused for trial
98. Transmission to Central Government of orders under section 97
99. Release of lunatic accused
100. Delivery of lunatic accused to relatives
101. Order for custody and disposal of property pending trial
102. Order for disposal of property regarding which offence is committed
103. Powers of Security Guard Court in relation to proceedings under the Act
Chapter VIII Confirmation and Revision
104. Finding and sentence not valid, unless confirmed
105 Power to confirm finding and sentence of General Security Guard Court
106 Power to confirm finding and sentence of Petty Security Guard Court
107. Limitation of powers of confirming authority
108. Power of confirming authority to mitigate, remit or commute sentences
109. Revision of finding or sentence
110. Finding and sentence of a Summary Security Guard Court
111. Transmission of proceedings of Summary Security Guard Court
112. Alteration of finding of sentence in certain cases
113. Remedy against order, finding or sentence of Security Guard Court
114. Annulment of proceedings
Chapter IX Execution of Sentences, Pardons, Remissions, Etc
115. Form of sentence of death
116. Commencement of sentence of imprisonment
117. Execution of sentence of imprisonment
118. Temporary custody of offender
119. Execution of sentence of imprisonment in special cases
120. Conveyance of prisoner from place to place
121. Communication of certain orders to prison officers
122. Execution of sentence of fine
123. Informality or error in the order or warrant
124. Pardon and remission
125. Cancellation of conditional pardon, release on parole or remission
126. Suspension of sentence of imprisonment
127. Orders pending suspension
128. Release on suspension
129. Computation of period of suspension
130. Order after suspension
131. Reconsideration of case after suspension
132. Fresh sentence after suspension
133. Scope of power of suspension
134. Effect of suspension and remission on dismissal
Chapter X Miscellaneous
135. Rank structure
136. Deduction from pay and allowances
137. Powers and duties conferable and imposable on members of the Security Guard
138. Protection for acts of members of the Security Guard
139. Power to make rules
140. Provisions as to existing National Security Guard

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